Adam Bradley v. Billerica, Town of - Police Department (SPR 20181998)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 18, 2018 SPRlS/1998 Sergeant John Zarro Town of Billerica-Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Zarro: I have received your petition on behalf of the Billerica Police Department (Department) seeking relief from its obligation to produce responsive records. G. L. c. 66, § 10( c) ; see also 950 C.M.R. 32.06(4). As required by law, the Town furnished a copy of this petition to the requestor. G. L. c. 66, § lO(c). On October 25, 2018, Jose Arce requested the following records: "(1) citizen or employee complaints against former Billerica Police Officer ... at any time during her employment; (2) citizen or employee complaints against Deputy Chief ... at any time during his employment; (3) citizen or employee complaints against [four identified officers and a police chief] (4) any and all internal affairs investigations and related documents with respect to each of the above-named employees; (5) a July 7, 2012 CAD file/report associated with [a specified address]; (6) any and all logs, lists or indexes, audio or video recorded interviews of July 7, 2012 related to the investigation into the homicide of [an identified individual]; (7) a color copy of blue latex rubber gloves discovered at [a specified address], photographed by Deputy Chief ... ; and (8) all July 7, 2012 descriptions of intruders relative to the ... homicide whether telephonic, radio recordings, etc." Petitions for an extension of time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Sergeant John Zarro SPR18/1998 Page 2 December 18, 2018 (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § lO(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Request for relieff rom obligation to produce responsive records In its December 3, 2018 petition, the Department explains that "Mr. Bradley and those acting on his behalf have sent to the [Department] a series of requests that are an abuse of the Public Records Law, as they are unceasing, frivolous and, [in the Department's belief], designed to harass the [Department]." The Department explains that Mr. Bradley, who was convicted of murder by a Middlesex County Grand Jury in 2017, is an inmate at the Souza-Baranowski Correctional Center (SBCC) in Shirley. The Department explains that Mr. Bradley was also implicated in a Murder-for Hire plot (plot) to kill a material witness in the murder case brought against him while being held in the Middlesex County House of Corrections under multiple indictments related to the murder. The Department indicates that as part of the plot, Mr. Bradley " ... used the jail's mail system to facilitate the plot, which was only prevented when a confidential informant provided information to authorities." The Department explains that although a former cell mate of Mr. Bradley was subsequently indicted by a Federal Grand Jury and pled guilty in late 2016, the United States Attorney's Office for the District of Massachusetts did not indict Mr. Bradley because, he was already being prosecuted in Massachusetts for First Degree Murder, which carried a mandatory life sentence without the possibility of parole. The Department states that "[a]lthough the most recent request from which [it] seek[s] relief was from [Mr. Arce], Mr. Arce is also an inmate at SBCC and is believed to have written

Sergeant John Zarro SPR18/1998 Page 3 December 18, 2018 on Mr. Bradley's behalf, precisely for the purpose of deflecting the efforts of harassment Mr. Bradley is engaging in while abusing the Public Records Law." The Department also notes that due to the receipt of a particular letter from Mr. Bradley that created a huge concern and caused the Department to implement an internal screening procedure for Mr. Bradley's future mails, Mr. Bradley "is also using multiple other inmates from SBCC to send both FOIA and Complaint Requests to the [Department], thus avoiding scrutiny through IPS." The Department indicates that it has already responded to Mr. Bradley's voluminous serial requests and includes a list of all the fifteen public records requests made by Mr. Bradley and others acting on his behalf, from June 13, 2018 to October 25, 2018, and the dates responses were provided to these requests. With respect to the current request by Mr. Arce, the Department indicates that it provided an initial response on October 29, 2018, acknowledging receipt of the request and informing Mr. Arce that it would require additional time to fulfill the request. The Department also states that it provided a second response on November 9, 2018, which included portions of the responsive records and informed Mr. Arce that the remaining records requested are still being processed. The Department concludes by asserting that it " ... is requesting relief because these requests are burdensome, are intended to harass, and are not intended for a public purpose. The [Department] has made every effort until now to meet its obligations and comply with these requests ...." Conclusion Pursuant to the Public Records Law, petitions to the supervisor of public records for an extension of time for an agency or municipality to furnish copies of the requested record, or any portion of the requested records, that the agency or municipality has within its possession, custody or control and intends to furnish, must be submitted as soon as practical and within 20 business days after initial receipt of the request, or within 10 business days after receipt of a determination by the supervisor of public records. See G. L. c. 66, § 10(c ). Given that the Department is seeking relief outside the statutory time limit, consequently, I am unable to grant the relief sought by the Department. The Department is advised that it must provide the records in a manner consistent with this order, the Public Records Law, and its Access Regulations. Mr. Bradley may appeal the substantive nature of the Department's response within.ninety days. See 950 C.M.R. 32.08(1).

Sergeant John Zarro SPR18/1998 Page4 December 18, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Adam Bradley